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1976 (88)
CONFIDENTIAL
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could be focused or of a more restricted office concerned only with the affairs of the ICAC. In order not to steal the thunder of UMELCO in this area, my preference would be for the latter.
7. If evidence of corruption is found against somebody living in Hong Kong, then recourse is properly sought through the Courts. However, there are many cases where there is no reasonable doubt in the minds of investigating officers and their supporters that the suspect was in fact guilty although evidence against him was insufficient for a conviction. In that case pressure is usually brought on the suspect to resign his position and I would not myself argue against such a practice. It is, I believe, the practice adopted here in the Metropolitan Police. On the other hand, there are cases, e.g. the
case, where it is pretty clear that the investigation itself was ill-founded. The effect of the investiga- tion carries with it a stigma and, worse, in cases such as that of
it appears that the authorities are trying to
get rid of him, not because of his own sins, but in order to save themselves embarrassment over the investigations. Some form of higher appelate authority capable of pronouncing and publicizing a clean bill of health is necessary.
8.
The Hong Kong Government have hitherto resisted proposals to appoint an Ombudsman on the grounds that this would derogate from the authority and function of UMELCO. I believe that their arguments are valid. However, I believe they might accept the proposal for the establishment of a more restricted office as described in
paragraph 6 above. I believe that this suggestion will be considered
by the authorities in Hong Kong more readily if it were put to them with the authority of Lord Goronwy-Roberts.
9. I recommend that, as a first step, I should write to the Chief Secretary in Hong Kong passing on Lord Goronwy-Roberts' views and asking for his views on the appointment of an Ombudsman with terms of reference limited to the operation of ICAC. I could discuss the idea further during my next visit to Hong Kong, probably towards the end of March, and thereafter report back to
Lord Goronwy-Roberts. The OPA concurs.
ore proud these lines.
ÛL
Go:..
12/2
So 201
Roberts
3/2
31 January 1977
CC:
ir Cortazzi; Sir R Sykes; OPA
1.A.B. Stent.
A B Stewart
Hong Kong Department
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